Effective Date: March, 2024

Terms of Use

YOU MUST BE AT LEAST 13 YEARS OF AGE OR HAVE THE ASSISTANCE AND CONSENT OF YOUR PARENT OR GUARDIAN AND RESIDE IN THE UNITED STATES OR ANY OF ITS TERRITORIES OR POSSESSIONS OR CANADA IN ORDER TO USE THIS WEBSITE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, PLEASE DO NOT USE OR INTERACT WITH THIS WEBSITE.

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.IPSY.COM (THE "SITE") OR ANY SERVICE OFFERED BY PERSONALIZED BEAUTY DISCOVERY, INC. ("IPSY," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY IPSY SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY IPSY SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ANY AND ALL DISPUTES BETWEEN YOU AND IPSY SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH SECTIONS 8 AND 9 OF THIS AGREEMENT. BY AGREEING TO THESE TERMS, YOU ARE WAIVNG YOUR RIGHTS TO RESOLVE DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND TO PROCEED AGAINST IPSY ON A CLASS OR REPRESENTATIVE BASIS.

This Agreement applies to all Site visitors and users of the Site or IPSY Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any IPSY Service. If you have any questions, please refer to the Site's FAQs at help.ipsy.com.

  1. WELCOME TO IPSY!

IPSY operates an online beauty community on the Site and on social networking platforms controlled by IPSY such as the IPSY Facebook ® page, Instagram ® page, Pinterest ® boards, Twitter ® feed ,the YouTube channel and TikTok (collectively, the "IPSY Online Community"). Our community is a place for you to express your unique beauty.

If you take the beauty quiz on our Site and register on ipsy.com you become an "Ipster". There is no payment required to become an Ipster.

You are not required to use social media at all to become an Ipster. We hope you share your unique beauty with other Ipsters in the IPSY Online Community, but you are not required to do so.

IPSY offers its community members six beauty services: Glam Bag / Glam Bag Plus / Glam Bag Ultimate Subscriptions, Points, IPSY Offers, and IPSY Shopper (collectively, the "IPSY Services"). By subscribing to either Glam Bag or Glam Bag Plus or both, you become an IPSY Member.

  1. Subscription Services
    1. Glam Bag, Glam Bag Plus and Glam Bag X Subscriptions

Ipsters residing in the 50 United States, the District of Columbia, ("United States") or any U.S. Territory may subscribe to receive monthly cosmetics bags containing full-size or deluxe sample-size beauty products ("Glam Bag"), beauty boxes containing full-size products ("Glam Bag Plus") or quarterly beauty boxes containing seven to eight full-size and beauty products or tools (“Glam Bag X). IPSY offers different recurring payment options to subscribe to the Glam Bag or Glam Bag Plus Memberships: (1) an automatically billed monthly subscription ("Monthly Membership"); (2) an automatically billed every-other month subscription (Bi-Monthly Membership) and (3) an automatically billed annual subscription ("Annual Membership"). You can subscribe here: www.ipsy.com/subscribe. There may be a waitlist to receive your first Glam Bag/Glam Bag Plus/Glam Bag X (collectively, “Glam Bag” or "Glam Bags"). You will not be billed until you are taken off the waitlist and a Glam Bag is being prepared for you. Once billed, you can expect to receive your Glam Bag the following calendar month. You can read more about the waitlist below.

Glam Bag X is a quarterly upgrade to either your Monthly or Annual Membership. Glam Bag X is not available to you if you receive your Glam Bag every other month. You must be a current Glam Bag or a Glam Bag Plus Member in order to subscribe to Glam Bag X. When you subscribe to Glam Bag X, you will automatically be billed the then current fee for Glam Bag X every three months (February, May, August and November) instead of the regular monthly fee for your Glam Bag or Glam Bag Plus.

Glam Bag / Glam Bag Plus Contents / Glam Bag X Contents: The Glam Bag and Glam Bag Plus typically contain 5 beauty items. The Glam Bag X contains 7 to 8 full-size beauty items. The contents of each of the Glam Bags will vary from month to month. We attempt to customize your Glam Bags based on your IPSY beauty profile, your product reviews and other feedback you choose to provide to us from time to time, but we make no guarantees that you will receive a particular product.

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and are off the waitlist, IPSY will automatically process your Monthly Subscription fee in the next billing cycle. IPSY will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (after you are off the waitlist). After one year and annually thereafter, you will be billed a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.

For example, let's say you purchased an Annual Subscription beginning in May 2020 and ending in April 2021. We will bill you for the second year (May 2021 to April 2022) in May 2021, unless you cancel your Annual Subscription before May 2021. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, IPSY will automatically process your Annual Subscription fee at the then-current Annual Subscription rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

Waitlist: Our Glam Bags are in high demand so you may be placed on a waitlist when you first subscribe to the program. We try to convert members from the waitlist into active members as quickly as possible, but the timing depends on a number of important factors including our ability to find and source the best and highest-quality brands and products that successfully meet the personal interests and needs identified in each new subscriber's beauty profile. We never want to compromise the caliber or experience of the Glam Bag program.

Skip the Waitlist: At different points each month, we communicate through email and social media channels, such as the IPSY Facebook page or Instagram, special promotions to skip the waitlist. These promotions are intended to reward our biggest fans for helping to spread the word about IPSY through social media. Skipping the waitlist is optional and is at each IPSTER's discretion.

Cancellation Policy: You may cancel your Monthly Subscription at any time by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there. If you need help, feel free to contact us using this link: help.ipsy.com If you are on the waitlist you cannot cancel by logging into your account, so please email us using the same link to cancel your waitlist position for the Monthly Subscription. If you cancel your Monthly Subscription, the cancellation will take effect for your next Glam Bag monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

Cancellation Policy for Annual Subscription Renewals Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures or by contacting us using this link: help.ipsy.com

If you cancel your Glam Bag Subscription you can re-subscribe any time, subject to the waitlist.

No Returns: You may not return any Glam Bag you receive. If you have concerns about the Glam Bag you have received or any of the products in it, please contact IPSY Care by visiting: help.ipsy.com. We will work with you to address your concerns.

    1. Limits on Transactions: Products received through your Glam Bag subscription are for individual use only, and we do not authorize the purchase of such merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
    2. Refreshments

Refreshments offers a monthly subscription service for self-care products you use every day. This is a separate personalized membership that you can access through your IPSY Membership and it is billed separately from your Glam Bag. Banish boring care routines with superstar essentials made by this sister brand to IPSY. Learn more at www.refreshments.com.

You’ll receive free shipping on your Refreshments products by subscribing to regularly recurring orders that will ship around the 15th of the month. Just click on the Refreshments tab at IPSY.com or on the IPSY app and choose your products.

Not a Glam Bag Member anymore? No problem! You can still subscribe to Refreshments to receive the products you want - and even receive free shipping.

MEMBERSHIP TERMS: Once you subscribe and are off the waitlist (if applicable), Refreshments will automatically process your Membership fee in the next billing cycle. Refreshments will continue to automatically process your Membership fee each month based on the products you select to be included in your shipment, until you cancel your Membership.

You may view, modify or delete products in your monthly order at any time during the month before your order ships by clicking on the Refreshments tab at IPSY.com or on the IPSY app. You are in control of your orders. You choose when and how often you receive certain Refreshments products. You may update your recurring monthly orders by adding, removing or skipping products before the last day of each month. For example, you may choose to receive makeup wipes every month, hand cream every other month and body wash every three months. From time to time, we will recommend items we think you’ll love by adding them to your recurring shipments on or around the 15th of the month. We will notify you if we have added something before you are billed. You may choose to keep the products in your recurring shipments or you may remove them. You will only be charged for the products that remain in your order after 12 noon Pacific Time on the last day of the month. The monthly recurring charges for Refreshments products will vary each month depending on the products you decide to keep in your order. If you do not make any changes before the billing date, you will automatically be charged for the order.

Need a break? You may skip products or cancel the Refreshments subscription at any time by logging in to your IPSY.com account and visiting the “Account” section or by sending an email to refreshments-support@ipsy.com.

Cancellation for Membership: Policy: You may cancel your Membership at any time by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there. If you need help, please email us at refreshments-support@ipsy.com . If you are on the waitlist you cannot cancel by logging into your account, so please email us at r refreshments-support@ipsy.com to cancel your waitlist position for the Membership. If you cancel your Membership, the cancellation will take effect for your next Refreshments monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect. If you cancel your Membership you can re-subscribe any time, subject to the waitlist.

Refreshments products are available in the U.S. and U.S. Territories only. Taxes will apply to all orders shipped within the U.S.

  1. Other Offerings
    1. Add-ons

As an IPSY Member, you will have the opportunity to select additional products to be included in your Glam Bags for an additional price. These "add-on" products will be available for a limited time after the Spoiler Alert for your Glam Bag goes live or until products sell out, whichever is sooner. In order to purchase the available add-ons, visit your account at the beginning of the month and click on "Spoiler Alert" or just click through the Spoiler Alert email you receive. Once you view the products in your Glam Bag, you can view the available add-ons and the cost for each. You may choose which add-on products to purchase or none at all. Once you submit your order, the cost for the add-on products will be charged to the payment method you have on file. The add-ons you purchase, if any, will be shipped with your Glam Bag to the shipping address on file. Because add-ons require additional steps to prepare your Glam Bags, purchasing add-ons may cause a slight delay in the shipment process.

Add-ons can only be purchased and added to your Glam Bags once per month. Once an add-on purchase is submitted, you cannot go back and purchase more until the following month. Add-ons are non-refundable and non-exchangeable once your Glam Bag is ready for shipment. The availability of any add-on product is based on inventory. Once an add-on product is sold out, it will not be available again that month.

    1. Points Program

Ipsters residing in the United States or Canada may earn points redeemable on the Site ("Points") for certain rewards products. You are automatically enrolled in the Points program when you become an active IPSY Member by subscribing to one of the Glam Bags or by getting on the waitlist to subscribe. You can find our Points program here www.ipsy.com/points.

Earning Points: To earn Points, you must be an active IPSY Member or on the waitlist. You can earn Points in a variety of ways, including following IPSY’s social media channels, reviewing products and referring your friends to IPSY. Check out the Site's Points tab for more information.

Refer a Friend: You may earn points by referring a friend to join IPSY through one of the referral methods described at the Site's Points tab. Please only refer people whom you personally know. You may be disqualified from the Points program and forfeit all of your accumulated points if IPSY learns that you are using the referral tools to send spam to people you don't know. While you may send referral messages to as many friends as you like, you may only earn points for a maximum of 40 friends per calendar year who join IPSY from your referral through email, text messages, or direct messaging through Facebook or Twitter. For purposes of this program, a calendar year is January 1 to December 31.

Points Balance: You can check your Points balance at any time by signing into your IPSY account and checking your Points tab on the Site.

Redeeming Points: To redeem Points you must have an active IPSY Membership. If you are on the waitlist you can't redeem Points until you are off the waitlist and purchase an active Glam Bag Subscription. Any earned Points remain in your account until they expire. Points are redeemable towards rewards products ("Rewards") available on the Site as long as you have sufficient points for a Reward. Points can be used to redeem only one of each type of Reward. Redemption values will vary. The maximum number of Rewards that can be collected is nine per calendar month per IPSY Member. Your Points have zero cash value, so you can't redeem them for cash or credit. To redeem your Points, simply log into your account, go to the Points tab and view the Rewards available at that time. If you see something you like and you have earned the required number of Points, click the button that says "REDEEM". When you click this button, your Points will be used, and the Reward you have chosen will be shipped in your next Glam Bag shipping cycle. Please note that adding a product through Points may cause a delay in your Glam Bag Shipment.

Expiration of Points: Points expire one year from the date they were first earned even if you have an active Membership or on the waitlist. If you don't redeem your Points within this time frame, you will automatically forfeit them. Your Points Activity shows you the dates on which you earned your Points.

Limited Availability of Rewards: Rewards quantities are limited and are available only while supplies last.

No Returns: Rewards earned by redeeming points are not returnable for a refund or credit. Since Points have no cash value, we will not issue any cash or credit for them.

Effect of Membership Cancellation: If you cancel your Membership, we will save your Points until their expiration date one year from the date they were first earned. If you re-subscribe to the membership before the Points expire, your Points will be right there waiting for you, though they will be subject to expiration one year from the date they were first earned (see "Expiration of Points" Section above). If you cancel your Membership before we are able to ship you a Reward you requested, then we will refund the Points used for that Reward to your account.

Questions: If you have any questions about the Points program, please visit us at help.ipsy.com.

    1. IPSY Offers

IPSY uncovers amazing beauty finds from brands we love and offers them for purchase on the Site to Ipsters residing in the United States only. You can find IPSY Offers on the Shopper tab at IPSY.com.

How to purchase an IPSY Offer: Go to www.ipsy.com/shop to find IPSY Offers. We also post IPSY Offers on our social media platforms on a regular basis, so keep an eye out for great products at great prices! You do not need to be an Ipster to purchase IPSY Offers.

Limited Availability: IPSY Offers are available for purchase only during the Offer period and only while supplies last, on a first-come, first-served basis. Quantities will be very limited.

Receiving Your IPSY Offer: If you purchase a particular IPSY Offer, you will receive an email from IPSY confirming all of the details of your order ("Confirmation Email"). Orders you don't cancel (see "Cancellation of IPSY Offer" Section below) will be shipped to the address on file in your IPSY account. We ship by standard ground shipping. Certain IPSY Offers may qualify for discounted or free shipping; all such IPSY Offers will be clearly labeled.

Cancellation of IPSY Offer: You may cancel your IPSY Offer order after receiving the Confirmation Email, but only if we have not shipped the Offer to you yet. You must write to us using this link help.ipsy.com to cancel your IPSY Offer.

Returns: If you are not entirely happy with your IPSY Offer, you may return it to IPSY within 30 days of your purchase. All returned IPSY Offers must be unused, in their original packaging and in new and sellable condition. IPSY will refund the purchase price back to the credit card you used, less a USD$5.00 restocking fee. Refunds may take up to ten business days to process. Return shipping and handling are free when you contact IPSY Care and use the return label that we provide. We will not refund original shipping charges unless an error on our part caused the return. Because of the limited quantities of IPSY Offers, there will be no exchanges.

Questions: If you have any questions about IPSY Offers, please see our FAQs at: help.ipsy.com

Limits on Transactions: IPSY Offers are for individual use, and we do not authorize the purchase of our merchandise for resale purposes. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers or distributors. To enforce this policy, we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

Pricing and Use in the United States.: Prices are in United States ("U.S.") currency. All information we collect and information related to IPSY Offer orders is processed within the United States. Because product information is provided according to U.S. standards, we make no guarantees that IPSY Offers are appropriate or available for use in locations outside the U.S. You agree to comply with all applicable laws, rules and regulations in connection with your use of IPSY Offers.

  1. SHIPPING AND RISK OF LOSS: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Customs, Duties and Taxes: When ordering from IPSY you're responsible for assuring the product can be lawfully imported to the destination.

Recipients of international shipments may be subject to import taxes, fees, and customs duties (hereafter, "Service Fees"), levied by the customs office of your shipping destination. Service Fees vary according to the customs regulations of the destination country. Components that play a role in fee calculations are (among others):

    • Product category and price
    • Shipping costs and package weight
    • Customs clearance
    • Import Taxes based on custom duty amounts

Customs policies vary widely, and some countries don't charge Service fees for shipments that fall below a minimum value. Contact the customs office of the destination country for more information.

To simplify the customs clearance process on products shipped by BFA, you can see Service Fees calculation during checkout, for eligible destinations. For more information, see IPSY Service Fee, below.

Import Regulations: You are the importer of record and must comply with all applicable laws and regulations of the destination country. Customs delays can affect original delivery estimates.

  1. PRODUCT MANUFACTURE AND INGREDIENTS

All Glam Bag items and products distributed through Offers and Points are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review the ingredients in each beauty product we distribute to confirm the ingredients comply with industry standards. It is your responsibility to review the ingredients as well, to avoid allergic reactions or other side effects personal to you.

U.S. residents who want to report a concern regarding any cosmetic product obtained from any source can contact the U.S. Food and Drug Administration at https://www.fda.gov/Cosmetics/ComplianceEnforcement/AdverseEventReporting/default.htm. Canadian residents can complete a Consumer Product Incident Report Form at www.hc-sc.gc.ca

 

Limitations For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warning many not be destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from IPSY.com, the recipient is the importer or records and must comply with all laws and regulations of the destination country.

  1. ELIGIBILITY TO USE THE SITE AND IPSY SERVICES

General. You may access the Site from anywhere in the world without incurring any fees or becoming an Ipster. However, you will be required to join IPSY and must be a legal resident of the United States or Canada to use certain Site features and IPSY Services.

Residency. The Site is available to anyone in the world, but the IPSY Services are limited to legal residents of the United States or Canada. The Glam Bag Memberships, Refreshments membership and the Points program are available to Ipsters residing in the United States or Canada. Purchases made through Shopper are only available to Ipsters residing in the United States. You must reside in the United States to be eligible for IPSY Offers. Please note that we may sell items or include products in Glam Bags that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.

Fees. It's free to use the Site and earn Points, but the Glam Bag Memberships, Refreshments membership, and IPSY Offers require that you pay a fee or make a purchase.

Service Fees. PSY itemizes customs duties, taxes and fees ("Service Fees") calculations during checkout and customs clearance on your behalf.

When you order products from IPSY for shipment to destinations outside of the U.S., a Service Fee may be levied on those items in your order. With your authorization, these funds are used by the carrier or another agent to pay the Processing\Admin\Service Fee on your behalf (or the recipient's behalf) to the appropriate authorities of the destination. The payment of these fees is the responsibility of the importer and is levied based on the laws of the destination into which the products are being shipped.

The Service Fee that is calculated at checkout is the taxes and/or duties that may apply. It can vary depending on the number of items you purchase and the destination. The Service Fees may not represent the actual amount paid to the customs authorities. The duty or tax rate is often determined by the classification of a good, which varies by destination. If you paid a Service Fee with your order, no additional import fees will be charged to you. Contact our Care Team if you need clarification.

Duties are calculated according to the shipping destination's customs regulations. Typically, this calculation is based on our product price before any promotions. This allows destination country customs authorities to obtain the accurate import duties owed to them based on the actual value of the goods. For more information, see Customs, Duties and Taxes, above.

Age You are not authorized to access or use the Site or any IPSY Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and IPSY Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or IPSY Glam Bag Member, if applicable) and will be responsible for any and all use of the Site and IPSY Services by the individual under 18

Compliance To be eligible to use the Site and IPSY Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the IPSY policy documents listed below (if applicable to your use of the Site or IPSY Services), and all other operating rules, policies, and procedures that IPSY may publish from time to time on the Site, each of which is incorporated herein by reference and each of which IPSY may update from time to time without notice to you:

    1. IPSY Privacy Policy
    2. IPSY Copyright and Intellectual Property Policy
    3. IPSY Community Guidelines

Certain IPSY Services may be subject to additional terms and conditions that IPSY may post on the Site from time to time. To be eligible for such services, you must comply with those additional terms and conditions, which are incorporated by reference into this Agreement. See Section 11 below for more information regarding modifications to these Terms of Use.

IPSY's Right to Revoke, Suspend, or Restrict Eligibility: IPSY reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. IPSY may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any IPSY Service. If IPSY bans you from the Site or any IPSY Service, you may not return to the Site or use that IPSY Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the IPSY Service after you've been banned, you will be deemed to have breached this Agreement, and IPSY reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

  1. GENERAL TERMS OF USE FOR OUR SITE AND ALL THE IPSY SERVICES

Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify IPSY of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. IPSY will not be liable for any loss or damage arising from your failure to comply with this Section.

Account Information: In the course of your use of the Site or IPSY Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. IPSY's Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

SMS Terms: By providing your mobile number and opting into receiving text messaging (SMS Messages) –you allow IPSY to contact you through the phone number you provide. When you opt-in to SMS Messaging Services, we will send you an SMS message to confirm your signup. Once confirmed, we will text you about new products, specials and promotions such as “sneak peaks” or when your subscription ships. Message frequency varies. You may cancel the SMS Service at any time. Reply “STOP” to cancel and “HELP” for assistance. For assistance, please contact support@ipsy.com. The SMS Messaging Service is provided by participating third-party mobile phone/wireless carriers. Message and data rates may apply. If you have any questions regarding your text or data plan, please contact your mobile phone/wireless carrier. Carriers are not liable for delayed or undelivered messages. Information you provide in your Account, including email address and mobile number, are subject to the terms of our Privacy Policy.

Account Transfer Prohibited: You may not transfer or sell your IPSY account or username to any other party. You are fully responsible for all activity of your IPSY account and username.

General Practices Regarding Site Use and Storage: You acknowledge that IPSY may establish general practices and limits concerning Site use and storage. You agree that IPSY has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that IPSY may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

Site Content: Other than content submitted to the IPSY Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without IPSY's prior written permission.

You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to any IPSY Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the IPSY Online Community and you submit User Content at your own risk.

IPSY does not claim ownership rights in your User Content. When you submit User Content to any IPSY Online Community you grant us a license to use such content, but you retain ownership.

By uploading User Content on the Site, you agree to the IPSY User Generated Content Terms of Use and hereby grant IPSY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow IPSY to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way IPSY chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold IPSY harmless for any dispute concerning such re-posting. IPSY assumes no responsibility for any third party's intellectual property infringement of User Content.

Prohibited User Conduct: You agree that while using the Site and IPSY Services, you shall not:

    • submit any content to the Site that is false, defamatory, objectionable or otherwise illegal;
    • impersonate any person or entity, whether actual or fictitious, including anyone from IPSY, its affiliates, or another IPSTER;
    • misrepresent your affiliation with any third party;
    • post or republish third party advertising on any part of the IPSY Online Community;
    • attempt to gain unauthorized access to other computer systems through the Site;
    • use the Site, IPSY Services or any part of the IPSY Online Community in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion;
    • use the Site or any part of the IPSY Online Community for purposes of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
    • transmit or procure the sending of any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
    • engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or IPSY Online Community or which, as determined by us in our sole discretion, may harm IPSY or users of the Site or expose them to liability;
    • Use spiders, bots or any other type of crawling or collecting technology to scrape, gather or compile information from the Site; or
    • launch any third party attack, hack, penetration, denial of service attack or breach any third party website, service or internet asset.

Information on the IPSY Online Community: We control and operate the Site from the United States. IPSY does not control User Content postings to the remainder of the IPSY Online Community. The views expressed in the IPSY Online Community do not necessarily reflect or represent the views of IPSY, its staff or stylists.

IPSY reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the IPSY Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. IPSY also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact IPSY Care at help.ipsy.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact IPSY Care at help.ipsy.com. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.

Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

Fees: Prices are quoted in U.S. dollars. You agree to pay in full the price for each IPSY Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to IPSY as each payment, if any, is due. You agree to pay all applicable taxes, fees and custom charges, if any. If your payment method on file fails for any reason, IPSY may continually attempt to charge such payment method until payment is successful.

AUTOMATIC RENEWAL TERMS: For IPSY Services subject to automatic renewal, you agree that IPSY may submit periodic charges (monthly or yearly) until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before IPSY could reasonably act.

Our total price for any IPSY Service involving your purchase of a product (Glam Bag Memberships and IPSY Offers services) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with IPSY and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Points redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

Unless otherwise indicated, our total price for any IPSY Service involving your purchase of a product will include shipping and handling fees. Glam Bag shipments to Canada are subject to a shipping fee.

Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.

Warranty Disclaimer: IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND IPSY SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM IPSY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

YOU AGREE THAT YOUR USE OF THE SITE, THE IPSY ONLINE COMMUNITY, AND THE IPSY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT IPSY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

Liability Limit: IN NO EVENT SHALL IPSY OR IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR IPSY SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE LIABILITY OF IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO IPSY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD IPSY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. IPSY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH IPSY'S DEFENSE OF SUCH CLAIM.

  1. LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IPSY HAVE AGAINST EACH OTHER ARE RESOLVED. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, ANY AND ALL DISPUTES BETWEEN YOU AND IPSY SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THIS AGREEMENT.

Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND IPSY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ACTUAL OR PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. THIS MEANS:

    1. UNLESS BOTH YOU AND IPSY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING, EXCEPT AS EXPRESSLY CONTEMPLATED FOR MASS ARBITRATIONS UNDER SECTION 9.
    2. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS AND CANNOT BE USED TO DECIDE OTHER DISPUTES WITH OTHER USERS.

Legal Disputes: Pre-Arbitration Informal Dispute Resolution Process.

If a dispute arises between you and IPSY, we are likely to be able to resolve your matter quickly and to your satisfaction. Please contact our customer support team by sending us an email at https://help.ipsy.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible. We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you have availed yourself of our customer service department without satisfaction, you and IPSY agree to participate in an informal dispute resolution process prior to initiating a formal proceeding in arbitration or small-claims court. To initiate this process, the complainant must present to the other party a written Notice of Dispute. The Notice of Dispute must be on an individualized basis and must contain the following: (a) the complainant’s name and contact information (mailing address, telephone number, and email address, and any other iterations thereof that are associated with the dispute), (b) a description of the nature of the dispute, (c) the date of any purchase, transaction, or interaction at issue, and relevant documentation or screen captures if available; and (d) the resolution and relief sought. If you are the complainant, you must mail your Notice to IPSY, Attention: Legal Department, 903 Colorado Ave., Santa Monica, CA 90401. IPSY will in turn send any Notice of Dispute to the most recent contact information we have on file for you. For a period of sixty (60) days from receipt of a compliant Notice of Dispute (or such longer period as is mutually agreed upon in writing), you and IPSY will attempt to resolve the dispute through informal, good-faith negotiations. Any relevant limitations period and other fees or deadlines shall be tolled during this sixty (60) day period. During this time, you and IPSY must hold a minimum of one (1) telephonic or video dispute resolution conference. The telephonic or video dispute resolution conference must be individualized, such that a separate conference must be held for each complainant. If either you or IPSY is represented by counsel, that counsel may participate, but you and a corporate representative from IPSY must also personally appear at and participate in the telephonic or video dispute resolution conference.

Compliance with this pre-arbitration informal dispute resolution process is a prerequisite and condition precedent to initiating small-claims or arbitration proceedings. Unless prohibited by law or applicable rules, an arbitration administration provider cannot accept or administer an arbitration, nor assess any fees, until the requirements of this section are met.

Legal Disputes: Agreement to Arbitrate.

If after sixty (60) days we are unable to resolve a dispute through the informal dispute resolution process, any remaining controversy, allegation, dispute, or claim between you and IPSY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud and any other intentional tort or negligence), common law, constitutional provision, respondeat superior, agency, or any other legal or equitable theory, whether arising before or after the effective date of these terms, shall be resolved through final and binding arbitration. This includes, but is not limited to, those arising out of or related to these Terms of Use; the Privacy Policy; IPSY’s site and services; any advertising, marketing, or other communications with or regarding IPSY or its site or services; any Site Content or User Content; or any other interaction or transaction between you and IPSY, whether heretofore or hereafter arising, unless the claim fits in one of the exceptions in the Exceptions to Agreement to Arbitrate sub-section below. It also applies even after you stopped using IPSY Shopper, are no longer an IPSY glam bag Subscriber, and/or have deleted your IPSY account. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act (“FAA”). You and IPSY agree that we intend that this section satisfies the “writing” requirement of the FAA.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so YOU AND IPSY EACH AGREE TO GIVE UP THE RIGHT FOR YOUR CLAIMS TO BE HEARD IN A COURT OF LAW AND TO BE HEARD BY A JUDGE OR JURY. Arbitrations are not identical to litigation and have different rules than standard court proceedings. For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. If either IPSY or you do not like the arbitrator's decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law and rules, and these Terms of Use. An arbitrator’s award of damages and/or other relief must be consistent with the terms of the “Liability Limit“ section above. If we have a dispute about whether this agreement to arbitrate is valid, can be enforced, or applies to our dispute, we agree that the arbitrator will decide that, too. In a Mass Arbitration as defined in Section 9, the parties agree that such disputes shall be decided by a Process Arbitrator, except that courts shall have authority to enforce that section and, if necessary, to enjoin the mass filing or prosecution of arbitration demands in violation thereof.

Legal Disputes: Exceptions to Agreement to Arbitrate.

We all agree that we will go to court to resolve disputes relating to:

    • Your or IPSY's intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or
    • Any claim made in small-claims court either in Santa Clara County, California, in the city or county where you live, or some other place we both agree on, if it qualifies to be brought in that court.

If a party submits an arbitration demand for a claim that is subject to these Exceptions to Agreement to Arbitrate, the other party can send a written notice to the opposing party and the arbitration provider requesting that claim to proceed outside of arbitration.  After receiving this notice, you and IPSY agree to jointly request that the arbitration provider administratively close the case.

  1. THE ARBITRATION PROCESS

The American Arbitration Association (AAA) will manage any arbitration between you and IPSY, and the AAA's rules and procedures (including their Consumer Arbitration Rules and Mass Arbitration Supplementary Rules, if applicable) will be used. If the matter does not involve a consumer or consumer agreement as defined by the AAA, then the AAA’s Commercial Arbitration Rules shall apply. If something in these Terms of Use is different than or inconsistent with the AAA's rules and procedures, then we will follow these Terms of Use. You can review the AAA's rules and procedures at www.adr.org/rules, or you can call the AAA at 1-800-778-7879.

A party that desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the applicable AAA rules. The AAA provides applicable forms for Demands for Arbitration (Commercial Arbitration Demand and Consumer Arbitration Demand), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf. You are allowed to select the arbitration location as being in the county or province where you live or in Santa Clara County, California. We can also choose a third location if we mutually agree. Unless otherwise required by the arbitrator or mutually agreed by the parties, the parties and their counsel do not need to attend the arbitration in person and can conduct the arbitration by phone or videoconference. While most arbitrators render a verbal decision, both you and IPSY have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, IPSY and/or you can ask a court to confirm it. In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.

Arbitration Costs.

Except as set forth in this sub-section, payment of all filing, administrative, and arbitrator fees and costs shall be governed by applicable AAA rules.

If your claim is for $10,000 (US) or less, IPSY is open to paying your filing, administration and arbitrator fees associated with the arbitration, upon request to the AAA. You must tell the AAA at the time you begin the arbitration proceeding. IPSY will be notified of your request. This offer is not applicable if your claim is one of more than five (5) similar claims asserted against IPSY where representation is consistent or coordinated across the cases.

If your claim is for more than US $10,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, IPSY will pay for as much of your part of the filing, administration and arbitrator fees as the arbitrator decides is necessary to make the arbitration not too expensive for you. This offer is not applicable if your claim is one of more than five (5) similar claims asserted against IPSY where representation is consistent or coordinated across the cases.

We won't try to have you pay us back for covering your fees and we won't try to make you cover our fees unless the arbitrator decides that your claims are frivolous or were brought for an improper purpose and it is fair to make you do this under the circumstances. If the arbitrator finds that either the claim(s) or the relief sought are frivolous or were brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11), then the respondent may seek fee- and/or cost-shifting.

Mass Arbitration Procedures.

The parties agree that the following coordinated bellwether process and the AAA Mass Arbitration Supplementary Rules, as amended from time to time, shall apply when twenty-five (25) or more similar demands are asserted against IPSY and where representation of the claimants is consistent or coordinated across the cases.

At the outset of such disputes, you and IPSY agree to delegate to a Process Arbitrator all matters listed as within the scope of a Process Arbitrator’s authority under the AAA Mass Arbitration Supplemental Rules, as well as disagreements concerning the validity, enforceability, and applicability of these terms, and any other matters that the parties mutually agree to delegate. To the extent permitted by law and applicable AAA rules, the parties also agree to hold joint case management conferences and joint hearings, and to the filing of joint briefs and other papers, before the Process Arbitrator.

Should the Process Arbitrator determine that any or all cases may proceed to a Merits Arbitrator, counsel for the claimants and counsel for the respondent shall each select five (5) cases (per side) to proceed in individual arbitration proceedings as part of a bellwether process. The remaining cases shall be placed in abeyance until they are selected to proceed to individual arbitration proceedings pursuant to this provision. During the bellwether process, you and IPSY agree that a single arbitrator shall preside over each batch of cases. After decisions have been rendered in the first ten (10) cases, IPSY and all claimants shall engage in a global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the bellwether cases. If the parties are unable to resolve the remaining cases after the mediation, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The parties may, but are not required to, agree in writing to modify the number of cases to be included at each stage of the bellwether process. After decisions have been rendered in this second batch of cases, IPSY and all claimants shall engage in a second global mediation in an attempt to resolve the remaining cases with the benefit of the decisions in the first two (2) batches of bellwether cases. If the parties have not resolved the remaining disputes at the close of the second global mediation, any individual claimant whose demand has not been adjudicated, or IPSY, may elect to opt out of the arbitration by providing notice to opposing counsel, and if the claimant or IPSY wishes to proceed with the claim they may file an individual, non-class action in court. For those claimants who do not opt out, their claims will proceed in arbitration in continued batches of one-hundred (100) demands per batch (to the extent there are fewer than one-hundred (100) demands outstanding, a final batch will consist of the remaining demands). In order to increase the efficiency of administration and resolution of arbitrations, and if consistent with the relevant rules and procedures, the arbitration provider shall: (i) designate a single arbitrator for each batch; and (ii) provide for a single filing fee due per side per batch; (iii) allow joint case management conferences and joint hearings, and such other coordinated procedures as the arbitrator deems appropriate.

This batching process shall in no way be interpreted as authorizing class or representative arbitration or litigation of any kind. IPSY does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this section. Any limitations periods and filing fee deadlines shall be tolled for each demand subject to this section from the time that the AAA filing requirements are satisfied with respect to that demand.

If any dispute arises between the general AAA consumer or commercial rules and the Mass Arbitration Supplementary Rules, the Mass Arbitration Supplementary Rules shall control. A court shall have authority to enforce this section and, if necessary, to enjoin the mass filing or prosecution of arbitration demands in violation thereof.

Applicable Law.

The FAA (including its procedural provisions) is the law that will be applied to determine whether the dispute resolution provisions herein regarding arbitration and class action can be enforced and how they should be interpreted.

Apart from that, if you are a U.S. resident, these Terms of Use and our relationship will be governed by California law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Use and our relationship will be governed by English law, except for its conflicts of laws principles.

Any dispute or claim arising from or relating to the Agreement or the IPSY Shopper is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.

Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and IPSY's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that IPSY may publish from time to time on the Site, constitutes the entire agreement between you and IPSY concerning your use of the Site and IPSY Services. IPSY reserves all rights not granted under this Agreement.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect applicable law and the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and IPSY are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to IPSY must be given by postal mail to IPSY, Attention: Legal Department, 903 Colorado Ave., Santa Monica, Ca 90401. Any notice to you may be given: (1) to the email address you provide to IPSY during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to IPSY, in which case notice will be deemed sufficient three days after the mailing date.

Confidentiality: The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, any correspondence with or hearings before the AAA, and correspondence, orders, and awards issued by the arbitrator, will remain strictly confidential and will not be disclosed to any third party without the express written consent from the other party, unless disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings or related court proceedings.

For intellectual property issues, please provide notice as specified in IPSY's Copyright and Intellectual Property Policy.

Survival: The provisions of this Section 9 shall survive termination or expiration of this Agreement.

  1. EXPORT RESTRICTIONS

You acknowledge that the products IPSY sells may be subject to U.S. and international import, export, and re-export laws and regulations, including the U.S. Export Administration Regulations (EAR) maintained by the U.S. Department of the Treasury’s U.S. Department of Commerce and trade and economic sanctions maintained by the Office Of Foreign Assets Control (OFAC). You agree to comply with all relevant import, export, and reexport control laws and regulations. Specifically, you agree not to, directly or indirectly, sell, export, re-export, transfer, divert, or otherwise make available product purchased from IPSY or product from a retail partner in contravention of U.S. law or to any destination, entity, or person or for any use prohibited by the laws or regulations of the United States or applicable international authority, without obtaining an export license or other governmental approval as required by those laws and regulations.

Currently, IPSY only ships products to addresses in the U.S., U.S. Territories, and APO/FPO addresses. Glam Bags only may be shipped into Canada. Due to U.S. trade embargoes and sanctions, IPSY does not accept orders from or ship products to individuals or entities whose names appear on OFAC’s list of specially designated nationals (“SDN List”) and, when prohibited, OFAC’s Sectoral Sanctions Initiatives list (“SSI” list) and the Commerce Department’s Denied Persons List (“DPL”), Entity List, and Unverified Parties List.

  1. MODIFICATIONS TO TERMS OF USE

We may change this Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted, or such later date as may be specified in them or in other notice to you. If IPSY makes a material change, IPSY will notify you here in this Terms of Use or by any other means we deem appropriate. IPSY may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. You assent to any new, revised, or additional Terms of Use by continued use of the Site or any of the IPSY Services after we have modified this posting, or as otherwise specified in any notice concerning updated Terms of Use. In the event that any notice to you of updated Terms of Use is determined by any tribunal to be insufficient, the prior Terms of Use shall apply and continue to apply until sufficient notice to establish a new agreement occurs.

List of IPSY Shopper Retail Partners

 

IPSY Vulnerability Disclosure Policy